Maricopa County Adult Probation 31.012 –Court-Ordered Financial ...

Maricopa County Adult Probation
31.012 –Court-Ordered Financial Obligations
R: 07/22/2009
Effective Date: 08/01/2009
Court-Ordered Financial Obligations
Authority: Administrative Directive; Arizona Revised Statutes (ARS) §§ 13-801 through 13-812, 13-
813, 13-821, 13-902, 33-967; Administrative Order of the State Supreme Court of Arizona
No. 2004-94
Forms: Payment Ability Evaluation (PAE); Memorandum of Restitution Delinquency;
Memorandum to the Court; Information Statement of Judgment Creditor; Collector
Caseload Referral
Purpose:
To utilize a comprehensive approach to motivate probationers to pay their Court-ordered
financial obligations. In following this approach, the goal is to increase the payment of all
financial obligations and to assist probationers in successfully completing probation.
I. Definitions:
A. APD Financial Compliance Unit (FinCom): Collectors working for the Adult Probation
Department who work together with supervision staff to enforce court-ordered financial
obligations.
B. County Collections Unit (CCU): Collections staff who work for the Maricopa County
Collections Department to enforce payment of Criminal Restitution Orders filed by the Adult
Probation Department.
C. Payment Ability Evaluation Form (PAE): A form prepared by the probationer to document
the income and expenses for the probationer’s household. This form is used by the
supervision staff and the collectors to help prioritize payment of court-ordered financial
obligations.
D. RFR (Restitution, Fines and Reimbursement): Refers to the Clerk of the Court’s financial
accounting system.
II.
Strategies for Successful Collections:
A. Address the payment of Court-ordered financial Conditions during all probationer contacts.
Prior to any scheduled field or office visit, supervision staff shall review the Clerk of the Court
RFR system to determine the probationer’s payment status and amount of any delinquencies.
B. Remind the probationer that the Court is one of the most important creditors.
C. Promptly follow-up on missed or partial payments.
D. Using open-ended questions, engage the probationer in a discussion that may cover the
following areas:
1. That the probationer’s signature on the Conditions of Probation indicates an obligation to
pay in full all Court-ordered financial obligations.
2. That the Conditions of Probation require the probationer to maintain employment (if
legally authorized to do so). In determining the ability to comply with Court-ordered
financial obligations and specifically with any restitution orders, all of the probationer’s
assets and income shall be considered, including Worker’s Compensation and Social
Security benefits.
3. That willful failure to comply with Court-ordered financial obligations will result in
additional graduated responses.
4. That the issuance of travel permits is dependent upon the probationer’s compliance with
all Conditions of Probation, including financial conditions.
5. That failure to comply with Court-ordered financial obligations will potentially jeopardize
the probationer’s opportunity to successfully complete their probation grant.
6. That the delay of prompt payment of Court-ordered financial obligations may prolong
probation supervision and that in the case of an unpaid restitution balance, probation will
be extended.
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Maricopa County Adult Probation
III.
IV.
Initial Probationer Contact: Upon the first contact with the probationer, supervision staff shall:
A. Review all Court-ordered financial obligations with the probationer, including the total amount
ordered by the Court, the monthly payment amount, the payment start date, and the
subsequent due date of each monthly payment.
B. Engage the probationer in a discussion of graduated responses that may be imposed when a
payment is missed (see Section IV below).
Monitoring Payment of Court-ordered Financial Obligations:
A. Upon receipt of a new or transfer assignment, review the minute entry and Clerk of the Court
RFR system for status of financial obligations. If a financial order lists the payment start date
as “to be determined” or listed with a start date in the year 2049, supervision staff shall
prepare the "Establish Payment Start Date" form found in the APD macros "Faxes for Field,"
“Clerk of the Court faxes” and fax that form to the Clerk of the Court
B. Engage the probationer in a discussion about the financial Conditions of Probation at initial
interview with all new and transfer assignments. Prior to any scheduled field or office visit,
supervision staff shall review the Clerk of the Court RFR system to determine probationer’s
payment status and amount of any delinquencies.
C. If the probationer is not current on payments whenever a contact is made, supervision staff
shall discuss the probationer’s cognitive processes of how spending is prioritized and
establish an agreed-upon payment amount. Supervision staff shall follow-up on this
agreement after the agreed-upon due date.
D. When payment is not received, supervision staff shall impose the following graduated
responses within the specified time frames:
1. If no payment is received within one (1) month of the payment due date, supervision staff
shall direct the probationer in writing to complete a new or current PAE. Supervision staff
shall review the PAE with the probationer and identify disposable income to be redirected
to pay Court-ordered financial obligations.
2. If no payment is received within two (2) months of payment due date, supervision staff
shall direct the probationer in writing to attend Budget Class. If the two-month
delinquency has accrued on a restitution order, in addition to directing the probationer to
Budget Class, supervision staff shall refer the probationer to a collector for further
financial coaching or education. A collector referral may be made via a Collector
Caseload Referral form or by e-mail to the collector to include the following information:
probationer name, all active case numbers, and current contact information for the
probationer (phone number and address). The collector shall enter the probationer into
the Tax Intercept Program if the probationer is two months delinquent in restitution.
Supervision staff shall also notify the Court in accordance with Section V of this policy.
3. If no payment is received within three (3) months of payment due date, supervision staff
shall refer the probationer to a collector for further financial coaching or education. The
referral shall include the information specified in IV.D.2.
4. If the probationer has been monitored by a collector and no payment is received within
six (6) months of payment due date, the collector shall complete and forward a Close of
Interest form to supervision staff and refer the probationer back to supervision staff. A
copy of the Close of Interest form shall be sent to the supervisor of the supervision staff.
Supervision staff shall engage in a discussion of graduated responses with the supervisor
that includes the determination of an appropriate course of action up to and including a
Petition to Revoke (refer to APD Violation of Probation Policy) or Memo to the Court.
E. The division director or designee may waive any of these graduated responses based on a
staffing with the officer and supervisor. Situations where a waiver of graduated sanctions
may be authorized include, but are not limited to cases where the probationer is hospitalized,
chronically ill, or not authorized to work in the United States.
1. In any situation where a waiver is granted, supervision staff shall verify the legitimacy of
the reason.
2. Based on a discussion of the situation with the unit supervisor and (if applicable) the
division director, supervision staff may send a Memorandum to the Court documenting
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Maricopa County Adult Probation
the reason for a hiatus in payment, duration of hiatus, and any expected date at which
payment will resume
F. All actions regarding collection of financial obligations and any graduated responses imposed
on the probationer shall be documented in APETS.
V. Addressing Restitution Delinquency: Supervision staff shall send a Memorandum of
Restitution Delinquency to the sentencing Court when the probationer has become delinquent in
the amount equal to two full Court-ordered monthly payments (A.O. 2004-94).
A. Supervision staff shall indicate to the Court the amount and duration of the delinquency and
the probationer’s plan to address the delinquency.
B. Supervision staff shall retain one copy of the Memorandum of Restitution Delinquency in the
case file, provide one copy to the probationer, and send one copy to any opted-in victim.
C. Supervision staff shall prepare a letter to the opt-in victim (available via APD macros)
advising them of the efforts the APD Financial Compliance Unit will be taking to address the
delinquency. This letter also advises the opt-in victim of his/her right to be heard if he/she
objects to the plan to address the delinquency.
VI.
Modification of Payment Orders:
A. Restitution: If supervision staff receives information from a victim, prosecutor, Clerk of
Superior Court, or the Court, which indicates that the original restitution order should be
changed in any manner, supervision staff may submit a Petition to Modify Probation Financial
Conditions after obtaining authorization from the division director.
B. Probation Service Fee (PSF): Supervision staff may not request that the Court adjust the
payment amount or frequency of payment or exonerate any delinquency or order of PSF
unless the request is to increase the monthly PSF amount.
1. For cases in which a probationer is reinstated to probation, supervision staff shall
recommend to the Court that the total amount of the probationer’s accrued delinquent
PSF be brought forward and ordered payable as a new Condition of Probation.
2. Because the probationer should not pay duplicate PSF, supervision staff may request
that the Clerk of Superior Court inactivate duplicate PSF by utilizing the following
procedure:
a. Using APD letterhead, prepare a memorandum to the Clerk of Superior Court
Criminal Financial Obligations Unit (CFO) that identifies which cases are affected
and which case for which PSF should remain active (if the probation grants have
different expiration dates, supervision staff shall request PSF remain active for
the probation grant that expires last). The memorandum must be signed by
either the probation officer or supervisor.
b. Supervision staff may either email or fax the memorandum to the CFO:
E-mail address: CFOResponse@mail.maricopa.gov
FAX: (602) 506-5127
3. In circumstances where the probationer has a long-term or chronic medical or mental
health condition (e.g. disabled, SMI diagnosis), supervision staff may staff a modification
of PSF with the supervisor. However, any modification of PSF requires authorization
from the division director.
C. All other Court-ordered financial sanctions: Supervision staff may request that the Court
adjust the total amount of payment, the monthly payment amount, or the start date of
payment provided that the request is not prohibited by statute. These changes should only be
made if supported by documentation obtained through the PAE.
D. Establishing a start date for payments after incarceration: If a probationer has been
incarcerated and the start date for financial obligations has not been determined, a form letter
shall be prepared and sent to the Clerk of the Superior Court advising of the start date (using
the APD Macros “Faxes for Field” “Establish Payment Start Date” form). The start date shall
be delayed no longer than two (2) months after the probationer’s release from incarceration
unless the Court has ordered a different period of time.
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Maricopa County Adult Probation
VII.
Expiration or Early Termination of Probation:
A. Restitution: if any amount of restitution is outstanding sixty (60) days prior to the scheduled
termination of probation, supervision staff shall submit to the Court a Petition to Modify
Probation requesting an extension of probation.
1. For offenses committed on or after September 19, 2007, pursuant to ARS §13-902(C), a
felony may be extended for up to five years and a misdemeanor may be extended for up
to two years beyond the original probation grant.
2. For offenses committed prior to September 19, 2007, pursuant to ARS §13-902(C), a
felony may be extended for up to three years and a misdemeanor may be extended for
up to one year beyond the original probation grant.
3. Supervision staff preparing the Petition to Modify shall verify the date the offense was
committed to determine the number of years that shall be requested in the Petition.
Staff shall recommend the maximum allowable term for the extension.
4. If the victim has opted in for post-conviction notification of probation matters, supervision
staff shall advise the victim that an extension of probation has been submitted to the
Court.
5. If restitution is still owed at the end of the extended probation grant, supervision staff
shall file a Criminal Restitution Order with the Court in favor of each person entitled to
restitution in the amount of the unpaid balance of any restitution ordered (refer to APD
Criminal Restitution Orders policy).
B. All other Court-ordered financial obligations: If any Court-ordered financial obligations have
an unpaid balance or have a delinquent balance upon the expiration of probation, supervision
staff shall submit a Criminal Restitution Order with the Court for any unpaid balance or
delinquent monies owed for PSF, fines, reimbursement, assessments, or incarceration costs
no later than thirty (30) working days prior to the probationer’s scheduled completion date.
The Criminal Restitution Order shall be filed with the Information Statement of Judgment
Creditor with the Court in the total amount of the outstanding unpaid balance owed to the
State (refer to APD Criminal Restitution Orders policy).
-- END SECTION 31.012: COURT-ORDERED FINANCIAL OBLIGATIONS --
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